
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7422]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 7422. Listing of certain unregulated pollutants


(a) Radioactive pollutants, cadmium, arsenic, and polycyclic organic 
        matter

    Not later than one year after August 7, 1977 (two years for 
radioactive pollutants) and after notice and opportunity for public 
hearing, the Administrator shall review all available relevant 
information and determine whether or not emissions of radioactive 
pollutants (including source material, special nuclear material, and 
byproduct material), cadmium, arsenic and polycyclic organic matter into 
the ambient air will cause, or contribute to, air pollution which may 
reasonably be anticipated to endanger public health. If the 
Administrator makes an affirmative determination with respect to any 
such substance, he shall simultaneously with such determination include 
such substance in the list published under section 7408(a)(1) or 
7412(b)(1)(A) \1\ of this title (in the case of a substance which, in 
the judgment of the Administrator, causes, or contributes to, air 
pollution which may reasonably be anticipated to result in an increase 
in mortality or an increase in serious irreversible, or incapacitating 
reversible, illness), or shall include each category of stationary 
sources emitting such substance in significant amounts in the list 
published under section 7411(b)(1)(A) of this title, or take any 
combination of such actions.
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    \1\ See References in Text note below.
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(b) Revision authority

    Nothing in subsection (a) of this section shall be construed to 
affect the authority of the Administrator to revise any list referred to 
in subsection (a) of this section with respect to any substance (whether 
or not enumerated in subsection (a) of this section).

(c) Consultation with Nuclear Regulatory Commission; interagency 
        agreement; notice and hearing

    (1) Before listing any source material, special nuclear, or 
byproduct material (or component or derivative thereof) as provided in 
subsection (a) of this section, the Administrator shall consult with the 
Nuclear Regulatory Commission.
    (2) Not later than six months after listing any such material (or 
component or derivative thereof) the Administrator and the Nuclear 
Regulatory Commission shall enter into an interagency agreement with 
respect to those sources or facilities which are under the jurisdiction 
of the Commission. This agreement shall, to the maximum extent 
practicable consistent with this chapter, minimize duplication of effort 
and conserve administrative resources in the establishment, 
implementation, and enforcement of emission limitations, standards of 
performance, and other requirements and authorities (substantive and 
procedural) under this chapter respecting the emission of such material 
(or component or derivative thereof) from such sources or facilities.
    (3) In case of any standard or emission limitation promulgated by 
the Administrator, under this chapter or by any State (or the 
Administrator) under any applicable implementation plan under this 
chapter, if the Nuclear Regulatory Commission determines, after notice 
and opportunity for public hearing that the application of such standard 
or limitation to a source or facility within the jurisdiction of the 
Commission would endanger public health or safety, such standard or 
limitation shall not apply to such facilities or sources unless the 
President determines otherwise within ninety days from the date of such 
finding.

(July 14, 1955, ch. 360, title I, Sec. 122, as added Pub. L. 95-95, 
title I, Sec. 120(a), Aug. 7, 1977, 91 Stat. 720.)

                       References in Text

    Section 7412(b)(1), referred to in subsec. (a), was amended 
generally by Pub. L. 101-549, title III, Sec. 301, Nov. 15, 1990, 104 
Stat. 2531, and, as so amended, no longer contains a subpar. (A).


                             Effective Date

    Section effective Aug. 7, 1977, except as otherwise expressly 
provided, see section 406(d) of Pub. L. 95-95, set out as an Effective 
Date of 1977 Amendment note under section 7401 of this title.

                          Transfer of Functions

    For transfer of certain functions from Nuclear Regulatory Commission 
to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 
Stat. 3585, set out as a note under section 5841 of this title.


        Study by Administrator of Environmental Protection Agency

    Section 120(b) of Pub. L. 95-95 directed Administrator of 
Environmental Protection Agency to conduct a study, in conjunction with 
other appropriate agencies, concerning effect on public health and 
welfare of sulfates, radioactive pollutants, cadmium, arsenic, and 
polycyclic organic matter which are present or may reasonably be 
anticipated to occur in the ambient air, such study to include a 
thorough investigation of how sulfates are formed and how to protect 
public health and welfare from the injurious effects, if any, of 
sulfates, cadmium, arsenic, and polycyclic organic matter.
